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Yerba Buena Neighborhood v. Regents of the University of California
Pursuant to Public Resources Code Section 21099, University of California Regent's Environmental Impact Report for San Francisco campus project need not include an aesthetics analysis.
Environmental Law 1DCA/3 Sep. 22, 2023
Modification: Pico Neighborhood Association v. City of Santa Monica
The federal Voting Rights Act's majority-minority requirement is not required for a California Voting Rights Act claim.
Government CASC Sep. 22, 2023
Kelsey v. Garrett
Order
9th Sep. 22, 2023
Wallingford v. Bonta
Appeal of three-year-long restraining order was moot where the order had expired, and the plaintiffs were unable to demonstrate it was an issue capable of repetition yet evading review.
Civil Procedure 9th Sep. 22, 2023
Martinez v. ZoomInfo Technologies, Inc.
The public interest anti-SLAPP exemption applied to plaintiff because her individual relief would not exceed or differ from the relief sought on behalf of the general public.
Anti-SLAPP 9th Sep. 22, 2023
Estrada v. Public Employees' Retirement System
Plea agreement for a felony constitutes a "conviction" for purposes of determining public retirement benefits even if the felony conviction is later reduced to a misdemeanor.
Government 2DCA/8 Sep. 22, 2023
Shaw v. Los Angeles Unified School Dist.
Case against school district for distance-learning policies during pandemic was not moot because parents claimed that students were still being harmed by the policies and relief was available.
Education 2DCA/4 Sep. 21, 2023
People v. Morones
Defendant's attempts to get his children to lie to law enforcement regarding their victimization did not constitute attempts to dissuade a witness from reporting a crime or testifying at trial.
Criminal Law and Procedure 3DCA Sep. 21, 2023
People v. Suazo
Drunk driver's second degree murder charge was upheld because there was evidence he drove to a birthday party without a plan to avoid driving with a dangerous blood-alcohol level.
Criminal Law and Procedure 5DCA Sep. 21, 2023
Davis Boat Manufacturing-Nordic, Inc. v. Smith
Code of Civil Procedure Section 669.730, which prohibits the forced sale of a judgment debtor's home to satisfy a consumer debt, violates neither the Contract nor the Equal Protection Clauses.
Consumer Law 5DCA Sep. 21, 2023
Modification: People v. Moyer
Penal Code's definition of bribery does not require that the target personally receive the thing of value promised in exchange for the official action.
Criminal Law and Procedure 6DCA Sep. 21, 2023
Jimenez v. Mrs. Gooch's Natural Food Markets, Inc.
Where employer's provision of first aid occurred as part of its employer role, workers' compensation was exclusive remedy for decedent-employee's family.
Workers' Compensation 2DCA/3 Sep. 21, 2023
U.S. v. Marschall
The recidivist version of the crime of introduction of misbranded drugs into commerce does not have a scienter element that the defendant knew the drug was misbranded.
Criminal Law and Procedure 9th Sep. 21, 2023
Brinsmead v. Elk Grove Unified School District
Parents' allegations of school bus's untimeliness, forcing daughter to find alternate transportation and subsequent death, overcame school district's immunity for purposes of demurrer.
Education 3DCA Sep. 20, 2023
Modification: People v. Perez-Robles
Unlawful restraint does not require physical restraint and may be accomplished by perpetrator's words, acts, or authority.
Criminal Law and Procedure 3DCA Sep. 20, 2023
Maarten v. Cohanzad
Evicted plaintiffs alleged sufficient facts demonstrating that issue of whether landlords' placement of the property on Airbnb was for residential purposes could be determined by facts common to the class.
Real Property 2DCA/3 Sep. 20, 2023
Long Beach Memorial Medical Center v. Allstate Insurance Co.
Delivery of two-party check that was never cashed was not a payment that satisfied properly notified insurer's duty to pay hospital lien from settlement proceeds before paying the injured party.
Health Care 2DCA/7 Sep. 20, 2023
People v. Aguilar-Jimenez
Trial court's Penal Code Section 995 dismissal, recharged by information after magistrate dismissed the counts under Section 871 in the same action, did not run afoul of two-dismissal rule.
Criminal Law and Procedure 6DCA Sep. 19, 2023
Alaska Railroad Corp. v. Flying Crown Subdivision
District Court properly granted summary judgment for Alaska Railroad Corp. in property rights action regarding a 100-year-old railroad easement.
Real Property 9th Sep. 19, 2023
Santa Paula Animal Rescue Center, Inc. v. County of Los Angeles
County lacked discretion to refuse to release dog scheduled for euthanasia that it determined had behavioral problems where non-profit animal rescue organization requested the dog's release before the scheduled euthanasia.
Animal Law 2DCA/5 Sep. 19, 2023
Garcia v. Gateway Hotel L.P.
With Americans with Disabilities Act claims, courts may discretionarily award costs to the prevailing party pursuant to Federal Rule of Civil Procedure 54(d)(1).
Disability Discrimination 9th Sep. 18, 2023
Cruz v. City of Merced
Trial court erred in applying collateral estoppel against a police officer based on findings in a criminal suppression hearing regarding an allegedly illegal search the officer had performed.
Civil Procedure 5DCA Sep. 15, 2023
Li v. Jenkins
Anti-SLAPP motion was properly denied since there was no "functional relationship" between excluding an executive producer of a popular docuseries and the public interest in the project and its themes.
Anti-SLAPP 2DCA/8 Sep. 15, 2023
People v. Pomar
Entire district attorney's office may be recused when facts show that "ethical wall" was not enough to shield District Attorney's influence in case involving her relative.
Criminal Law and Procedure 1DCA/5 Sep. 15, 2023
Modification: North Coast Village Condominium Assn. v. Phillips
Because opposing party was inadequately notified, trial court abused discretion in granting civil harassment restraining order when complaint sought workplace violence restraining order.
Civil Procedure 4DCA/1 Sep. 15, 2023
Modification: SHR St. Francis, LLC v. City and County of San Francisco
Hotel's valuation for property tax reassessment should not have included intangible assets such as in-room movies and laundry services.
Tax 1DCA/5 Sep. 15, 2023
Martin v. THI E-Commerce, LLC
The Americans with Disabilities Act does not apply to websites without a connection to a physical location.
Disability Discrimination 4DCA/3 Sep. 15, 2023
People v. Manzoor
Reduction of defendant's felony violation of attempting to distribute harmful material to a minor to a misdemeanor did not relieve him of his lifetime duty to register as a sex offender.
Criminal Law and Procedure 1DCA/1 Sep. 15, 2023
Kitchen v. Kijakazi
Administrative Law Judge did not err in excluding claimant's Veterans Affairs disability rating from analysis of disability insurance claim.
Administrative Agencies 9th Sep. 15, 2023
Amended Opinion: Clifton Capital Group, LLC v. Sharp
Unsecured creditor's alleged injury was too conjectural to object to trustee's compensation enhancement where the debtor's bankruptcy plan proposed to pay allowed claims in full.
Bankruptcy 9th Sep. 15, 2023